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(영문) 광주지방법원 목포지원 2019.02.15 2018고단579
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who actually operates a stock company B, operates lighting facility sales business and construction business, and the victim C is a person who actually operates a limited liability company D, and conducts business, such as a camping site and swimming pool, in the Shinan-gun E.

On March 14, 2017, the Defendant: (a) proposed to the effect that “a frying is made by expanding a camping house in the tension f,” and that “a frying is possible by means of land or camping facilities, etc. without any money to be paid; (b) the total construction cost shall be KRW 1 billion; (c) the down payment of KRW 440 million out of the construction cost shall be paid in kind to land and camping facilities, etc.; and (d) the remainder of the construction payment shall be KRW 56 million after completion of the sobrying facilities; and (d) the Defendant leased a building and set off part of the remainder of the lease deposit and the remainder thereof, and the remainder shall be paid to the Defendant with the loan of the completed building by the victim as security.”

On March 29, 2017, after the first contract, the defendant met the victim at the victim's office located in Newannam-gun E, Nannam-gun on March 29, 2017, that "it is necessary to directly operate the camping site, and to change the terms and conditions of the existing contract that he/she wishes to directly operate the camping site even after the completion of the contract," and the total construction price shall be maintained at KRW 1 billion as it is as it is, however, after the defendant's responsibility and completion, all of the construction works shall be conducted and completed at the defendant's responsibility, and all of the facilities to be newly constructed shall be leased free of charge from the victim for seven years, in lieu of the payment of the construction price, the sum of KRW 460 million is paid by the defendant by September 30, 2017.

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